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State v. Hawkins

November 06, 1998

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
MARK HAWKINS, A/K/A MARSHALL ROUNDTREE, DEFENDANT-APPELLANT.



Before Judges Stern and Landau and Braithwaite.

The opinion of the court was delivered by: The opinion of the Court was delivered by Landau, J.A.D.

[9]    Submitted October 1, 1998

On appeal from Superior Court of New Jersey, Law Division, Camden County.

On October 4, 1993, defendant Mark Hawkins was indicted in Camden County on counts of first degree robbery (N.J.S.A. 2C:15-1) and third degree hindering prosecution (N.J.S.A. 2C:29-3b(1)). In 1994, he entered a retraxit plea of guilty on the armed robbery count subject to the court's acceptance of a plea bargain in which the State was to recommend a second degree sentence of nine years with three years of parole ineligibility to run concurrently with any sentence imposed under a pending Essex County prosecution. *fn1

An Essex County jury found defendant guilty of first degree attempted murder (N.J.S.A. 2C:11-3; 5-1); second degree aggravated assault (N.J.S.A. 2C:12-1b(1)); third degree unlawful possession of a weapon (N.J.S.A. 2C:39-5b); and second degree possession of a weapon for an unlawful purpose (N.J.S.A. 2C:39-4a), but his motion for a new trial was granted. Defendant then pled guilty to second degree counts of aggravated assault and possession of a weapon for an unlawful purpose, receiving concurrent sentences of ten years with five years of parole ineligibility on each count.

After the Essex County convictions, the Camden County plea proffer was rejected because the conviction in Essex County would require a conviction for the robbery charge subject to "a second Graves [Act]" sentence. See N.J.S.A. 2C:44-3d; State v. Hawks, 114 N.J. 359 (1989). Defendant went to trial on the Camden indictment. The jury returned a guilty verdict on each count. A Graves Act hearing was held. As defendant was found to have used a gun in the robbery, and as defendant had also been sentenced under the Graves Act for the Essex County offense, an extended term was imposed. Defendant was sentenced on the robbery count to a fifty-year custodial term with 16 2/3 years of parole ineligibility, and to a concurrent five year term on the hindering prosecution count. The sentence was run consecutively to the term imposed in Essex County.

On appeal defendant argues:

"POINT I"

"THE TRIAL COURT ERRED IN DENYING DEFENDANT'S REQUEST FOR AN ADJOURNMENT SO THAT HE WOULD BE ABLE TO STAND TRIAL IN CIVILIAN CLOTHES."

"POINT II"

"THE TRIAL JUDGE ERRED IN DENYING DEFENDANT'S MOTION FOR A MISTRIAL AFTER EVIDENCE OF OTHER CRIMES WAS PLACED BEFORE THE JURY."

"POINT III"

"THE TRIAL JUDGE ERRED IN FAILING TO QUESTION THE JURY ABOUT THE IMPACT OF ...


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